The African Press Limited V. The Queen (1952)

LawGlobal Hub Judgment Report – West Africa Court of Appeal

Criminal Law—Sedition—Criminal Code, section 50—Raising discontent among inhabitants.

Facts

The appellant was convicted of printing a seditious libel on the ground (a) that it tended to bring into hatred or contempt the person of the Governor and the Government, and (b) to raise discontent or disaffection amongst the inhabitants of Nigeria.

On (a): The article referred to the “Macpherson Constitution” as an “obnoxious constitution” and by other similar epithets; it also inveighed against the administrative officers of the Government.

On (b): The article warned the public to beware of administrative officers: that they were cleverly disguised enemies of the struggle for freedom, mostly incompetent dictators, openly pretending to be friends but secretly working against nationalists, and therefore most dangerous.

The defence was that it was criticism to remedy defects and was covered by the exceptionsin (ii) and (iii) ofsection 50 (2) which are mentioned in the judgment infra.

Held

(1) Criticism of the Constitution called after the Governor’s name could not be held to be bringing the Governor into contempt, nor could inveighing against the administrative officers be held to be bringing the Government into contempt.

(2) The article was designed to whip up hostile feeling against administrative officers; no specific errors or defects were mentioned for remedy; and its effect was to cause not only disaffection and discontent towards those officers from the people but amongst those officers themselves, who were equally the subjects of Her Majesty and inhabitants of Nigeria.

Appeal dismissed.